In the Matter of the Application of Cesar Bernacet

Motion No: M-6763

Slip Opinion No: 2019 NYSlipOp 65581(U)

Decided on March 19, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

March 19, 2019

In the Matter of the Application of

Cesar Bernacet,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules

v Joseph Ponte, Commissioner of the

New York City Department of

Correction,

Respondent-Respondent.

Petitioner-appellant having moved pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal taken from an order of the Supreme Court, Bronx County, entered on or about February 14, 2018, and upon vacatur, for an enlargement of time to perfect the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the dismissal of the appeal and enlarging the time to perfect same to the September 2019 Term. ENTERED: March 19, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,Judith J. Gische Barbara R. Kapnick Ellen Gesmer Anil C. Singh, Justices

M-6763

Index No. 250781/16